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Government of India Volume I: Analysis and Recommendations

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TRANSITION ISSUES<br />

service providers that are functionally the same as other financial service providers created<br />

through regulatory authorisation. Such financial service providers will have to seek<br />

authorisation just like other financial service providers, <strong>and</strong> will be subjected to the same<br />

regulatory framework. For example, certain banks <strong>and</strong> insurance companies in <strong>India</strong> enjoy<br />

a statutory status, which should be replaced by a regulatory authorisation to do these<br />

businesses.<br />

From existing legislations affecting <strong>India</strong>’s financial system that are not to be repealed,<br />

most will require amendments. Some will have to be substantially amended,<br />

<strong>and</strong> others will require only minor amendments.<br />

Following is a list <strong>of</strong> legislations to be repealed:<br />

1. The Securities Contracts (Regulation) Act, 1956<br />

2. The Securities <strong>and</strong> Exchange Board <strong>of</strong> <strong>India</strong> Act, 1992<br />

3. The Depositories Act, 1996<br />

4. The Public Debt Act, 1944<br />

5. The <strong>Government</strong> Securities Act, 2006<br />

6. The Reserve Bank <strong>of</strong> <strong>India</strong> Act, 1934<br />

7. The Insurance Act, 1938<br />

8. The Banking Regulation Act, 1949<br />

9. The Forward Contracts (Regulation) Act, 1952<br />

10. The Banking Companies (Acquisition <strong>and</strong> Transfer <strong>of</strong> Undertakings) Act, 1970<br />

11. The Deposit Insurance <strong>and</strong> Credit Guarantee Corporation Act, 1961<br />

12. The Foreign Exchange Management Act, 1999<br />

13. The Insurance Regulatory <strong>and</strong> Development Authority Act, 1999<br />

14. The Payment <strong>and</strong> Settlement Systems Act, 2007<br />

15. The Acts establishing bodies corporate involved in the financial sector (e.g. The<br />

State Bank <strong>of</strong> <strong>India</strong> Act, 1955 <strong>and</strong> The Life Insurance Corporation Act, 1956)<br />

140 FINANCIAL SECTOR LEGISLATIVE REFORMS COMMISSION

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